[HISTORY: Adopted by the Bellevue Board 4-15-1998 as §§ 5.01
to 5.08 of the 1998 Code; amended in its entirety 12-9-2020 by Ord. No. O-2020-20. Subsequent amendments noted where applicable.]
A.
In accordance with § 61.65(2)(a)(2)., Wis. Stats., the
Village of Bellevue hereby elects to contract for fire protection,
rescue, emergency medical, natural disaster emerg services, and ancillary
incident management services with the Green Bay Metro Fire Department.
B.
The Green Bay Metro Fire Department Fire Chief is hereby authorized
and directed to adopt regulations within the chief statutory powers
granted by the state or as directed and approved by the Village of
Bellevue Board of Trustees, which regulations shall not become effective
and operative until presented to and approved by the Village Board.
Amendments shall be adopted in the same manner.
C.
The Chief or designee shall have full authority to intercede in emergency
situations performing such actions consistent with the National Incident
Management System (NIMS) and the Village of Bellevue NIMS Emergency
Operations Plan. He/she along with Bellevue's Emergency Management
Coordinator (Village Administrator) shall have the authority to expend
funds, use Village resources and equipment, implement action plans
using Village and/or contractor staff, and otherwise make decisions
necessary to protect human health, environment and property from any
emergency (haz mat, fire, natural disaster or other situations as
may present themselves).
A.
The Chief and assistants or officers in command at any fire shall
have full and complete police authority at fires or other emergencies.
Any officer of the Department may cause the arrest of any person failing
to give the right-of-way to the Fire Department in responding to a
fire. The Chief shall also have such authority in times of declared
emergencies within the municipality, and for enforcement of fire prevention
ordinances as described herein and Wisconsin Administrative Code and
state statute.
B.
The Fire Chief may prescribe certain limits in the vicinity of any
fire, hazardous materials, natural disaster, or rescue scene within
which no persons, excepting firefighters, designated responders and
law enforcement officers and those admitted by order of any officer
of the Department, shall be permitted to come. The Chief shall have
the power to cause the removal of any property whenever it becomes
necessary for the preservation of such property from fire or to prevent
the spreading of fire or to protect adjoining property, and during
the progress of any fire or other emergency situation he/she shall
have the power to order the removal or destruction of any property
necessary to prevent the further spread of fire or to secure the safety
of any scene, such as removing collapsed dwellings. He/she shall also
have the power to cause the removal of all wires or other facilities
and the turning off of all electricity or other services where the
same impedes the work of the Department during the progress of a fire
or other emergency.
C.
Any firefighter, while acting under the direction of the Fire Chief
or other officer in command, may enter upon premises adjacent to or
in the vicinity of any building or other property on fire for the
purpose of extinguishing such fire or to cause rescue, and if any
person shall hinder, resist or obstruct any firefighter in the discharge
of duties as herein provided, the person so offending shall be deemed
guilty of resisting a firefighter in the discharge of his duties.
D.
Every person present at a fire or emergency shall be subject to the
orders of the Fire Chief or officer in command and may be required
to render assistance in fighting the fire or in removing or guarding
property. Such officer may cause the arrest of any person refusing
to obey such orders.
A.
Definitions. For purposes of this section, the term "emergency call"
is defined as the Green Bay Metro Fire Department responding with
Department personnel and apparatus to a reported or suspected fire,
vehicle accident, hazardous material incident, or other similar emergency
situation.
B.
Schedule of fees. Within 60 days following the adoption of this section,
the Fire Chief shall establish a schedule of fees which reflect the
Fire Department's operating and maintenance costs for response
by its personnel and apparatus to emergency calls. Said schedule of
fees shall be subject to review and approval by the Village Board,
which shall adopt the same by resolution, and which may be amended
from time to time in the same manner.
C.
Applicability. In accordance with the schedule of fees established under Subsection B above, the Village may charge a property owner, company, or responsible individual for the cost to respond to an emergency call under any of the following circumstances:
(1)
In the event that the emergency call is for an incident occurring
on a state trunk highway or any highway that is part of the national
system of interstate highways maintained by the State Department of
Transportation.
(2)
In the event that the Fire Chief determines that the emergency call
was caused by the intentional or negligent act of any person or company.
Such intentional or negligent acts may include, but are not limited
to, fire setting, causing a false alarm, and failure to comply with
burning regulations.
(3)
For certain special rescue situations and hazardous material responses
where the Chief determines that sufficient Village supplies and materials
and/or manpower requires the recovery from the responsible party.
All invoices for hazardous materials response will go through the
local emergency planning committee (LEPC) per state guidelines.
(4)
For auto accidents and rescue extrications where rescue assistance
is supplied. This may include ambulance services, transport, and associated
costs such as medications and mileage.
(5)
For disposal of sorbent and hazardous materials residues.
(6)
For production of records and other administrative costs.
A.
Intent. An annual fire prevention inspection fee shall be charged
to the business owner for required inspections and any reinspections
under the current Wisconsin Statutes and administrative codes and
regulations. Typically, inspections are required at least annually,
and for most occupancies (inspectable units) twice annually under
Wisconsin Statutes, codes and local ordinances. Additional inspections
for compliance with federal rules such as special storage provisions
under the Bureau of Alcohol, Tobacco, Firearms and Explosives rules
may also constitute additional inspections.
B.
Definition. An "inspection," as defined in this section, is considered
mandatory for each business on a property which requires an inspection
under state statutes, administrative code, or regulations. Individual
buildings that have multiple businesses will require multiple inspections.
Each business is considered an inspectable unit under State of Wisconsin
administrative codes.
C.
Applicability. Fees for required fire inspections and any necessary
reinspections shall be annually charged to the property owner on its
individual property tax statements. For those nonprofit taxable entities,
or for those requiring inspections under state law that do not receive
a tax bill, the costs of such inspections shall be charged via standard
invoicing from the Village of Bellevue Clerk-Treasurer.
(1)
All fees shall be entered on the annual tax roll as a special charge
against said lot or parcel of land pursuant to the inspectable units.
(2)
The Village shall only bill the building owner(s) or property owner
as indicated by the tax roll.
(3)
It is the building owner's sole legal and financial responsibility
to pay said fees.
(4)
For nonprofits or those without tax bills, inspections will be invoiced.
D.
Schedule of fees. Refer to the Village of Bellevue Fee Schedule for
associated fees.
E.
Reinspections. Any person who shall fail or neglect to comply with
any lawful order of the Fire Chief or deputies issued pursuant to
annual fire inspections may be assessed a reinspection fee as noted
on the fee schedule per reinspection (each time a reinspection is
required) until compliance with the order is obtained. In no way does
this subsection relieve or replace any other action for failure to
comply that is located anywhere else in the Village of Bellevue ordinances,
State of Wisconsin statutes, or other applicable administrative codes.
F.
Exemptions. All buildings owned by the United States, the State of
Wisconsin, and the Village of Bellevue shall be exempt from this section
as is associated with fees. All buildings, regardless of ownership,
require inspection per federal and state laws, statutes, administrative
codes and regulations.
G.
Other fees. Separate from annual required inspections described above,
the Fire Prevention Bureau is obligated under state rules to inspect
initial sprinkler tests, hydraulic flow tests and other fire protection
system tests. Fees for this service shall be at the discretion of
the inspector.
